08-28-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

Browse Search

Staff Report December 04, 2003 Special Exception Request #SE03-007 Rmuested by: Francisco & Mariana Rea, Property Owners Requested for: Side yard requirement on a corner lot Location: 238 So. Holmes Street (Block 72; Lots 21, 22; Bayfront to La Porte) Zo_ nwa: Low Density Residential (R 1) Background: In February 2003, the applicants received a property survey that identified the size of their property (50' X 125'). The property in question is shown on the attached area map and is known as 238 South Holmes. (See Exhibit A). In reviewing the survey, there was no mention of building lines and/or required yard setbacks. At that time, the applicants proceeded with selecting a home design and the development of construction plans. The proposed house -plan provided to the City allowed a six-foot (6) setback for both side yards. (See Exhibit B). The owners provided the City with their construction plans and staff reviewed the plans -for compliance with applicable codes and regulations. Unfortunately, the staff member that reviewed the plan failed to note the property was a comer lot and did not recognize the inadequate side setback adjoining the public right-of-way. . In developing comer lots, zoning regulations require a minimum ten -foot (10') setback on the side that adjoins. a public right-of-way (East B Street). (See Exhibit Q. In this case, the applicant's plans only provided a six-foot (6) setback in lieu of the required ten -foot (10'). While "East B Street" is a public right-of- way, it is "undeveloped" and currently- there are no plans to develop the street for vehicular traffic. The Public Works Division has acknowledged that the undeveloped rights -of -way in this area is being retained for drainage purposes. The applicants are requesting a four -foot (4) Special Exception to the side yard requirement on a comer lot. Granting of this exception would allow a six-foot (6) setback in lieu of the standard ten foot (10) requirement.